title: Medical malpractice claims related to cataract surgery complicated by retained lens fragments (an American Ophthalmological Society thesis).
abstract: OBJECTIVE
  To review malpractice claims associated with retained lens fragments during cataract surgery to identify ways to improve patient outcomes.
  
  
  METHODS
  Retrospective, noncomparative, consecutive case series. Closed claims data related to cataract surgeries complicated by retained lens fragments (1989 through 2009) from an ophthalmic insurance carrier were reviewed. Factors associated with these claims and claims outcomes were analyzed.
  
  
  RESULTS
  During the 21-year period, 117 (12.5%) of 937 closed claims associated with cataract surgery were related to retained lens fragments with 108 unique cataract surgeries, 97% against cataract surgeon and 3% against retinal surgeon. Twelve (11%) of 108 claims were resolved by a trial, 30 (28%) were settled, and 66 (61%) were dismissed. The defendant prevailed in 83% of trials. Indemnity payments totaling more than $3,586,000 were made in 32 (30%) of the claims (median payment, $90,000). The difference between the preoperative visual acuity and the final visual acuity was predictive of an indemnity payment (odds ratio [OR], 2.28; P=.001) and going to a trial (OR, 2.93; P=.000). Development of corneal edema was associated with an indemnity payment (OR, 3.50; P=.037). Timing of referral and elevated intraocular pressure (IOP) were statistically significant in univariate analyses but not in multivariate analyses for a trial.
  
  
  CONCLUSIONS
  Whereas the majority of claims were dismissed, claims associated with greater visual acuity decline, corneal edema, or elevated IOP were more likely to result in a trial or payment. Ways to reduce significant vision loss, including improved management of corneal edema and IOP, and timely referral to a subspecialist should be considered.
authors.affiliation: Department of Ophthalmology, Medical College of Wisconsin, Milwaukee, Wisconsin, USA.
authors.forename: Judy E
authors.initials: JE
authors.lastname: Kim
authors.forename: Paul
authors.initials: P
authors.lastname: Weber
authors.forename: Aniko
authors.initials: A
authors.lastname: Szabo
mesh_terms: D000328:Adult; D000368:Aged; D000369:Aged, 80 and over; D002387:Cataract Extraction / Q000009:adverse effects*; D005129:Eye Foreign Bodies / Q000209:etiology*; D005260:Female; D006801:Humans; D007351:Insurance, Liability / Q000706:statistics & numerical data* / Q000639:trends; D007908:Lens, Crystalline / Q000473:pathology* / Q000601:surgery; D008297:Male; D008318:Malpractice / Q000706:statistics & numerical data* / Q000639:trends; D008875:Middle Aged; D011183:Postoperative Complications; D012189:Retrospective Studies